Environmental Justice

EJ Advocates Renew Efforts to Block Cap and Trade

There are weighty arguments against the EJ position. Even if EJ advocates remain unpersuaded, they should recognize that it is possible to disagree with their views in good faith.

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Rent-seeking and property rights in environmental law

Jonathan Adler is guest-posting over at the Atlantic on conservative approaches to environmental law.  In general, I can only support someone who is valiantly trying to make arguments about why conservatives should support efforts to address climate change, and developing climate change policies that are consistent with conservative and libertarian principles.  But I want to …

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What Bonneville Salt Flats can teach us about CEQA exemptions

The Bonneville Salt Flats need to be saved.  The location where many of the world-records for land speed have been set is in danger.  A combination of years of racing, plus the construction of Interstate 80 and alterations in salt mining techniques has meant that the hard salt surface of the flats (similar in hardness …

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Comparing Canadian and US Environmental Law: Judicial Review

In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements.  I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries.  But …

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Environmental Law in Canada

Americans (especially liberals) often have a warm and fuzzy vision of our neighbors to the north as a kinder, gentler version of the United States.  (Remember this map after the 2004 election?)  But when it comes to environmental issues, that really isn’t the case. The conservative Canadian government led by Prime Minister Harper has recently introduced its …

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Tunnel vision in environmental law and policy

One of the reasons that environmental law and policy is so interesting, and so challenging, is that it is very, very difficult to reduce what we mean by “environmental quality” to one single metric.  A couple of recent posts by a leading progressive policy blogger (Matt Yglesias) make this point very well.

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Tea Party activist wants to repeal all California environmental laws

A number of other posts on Legal Planet have noted various efforts by Republicans in Congress to stop or repeal EPA regulations.  Those efforts are part of a broader movement by Tea Party organizations (organizations that are overwhelmingly Republican) to effectively eliminate environmental regulations in the United States.  If there was any doubt about that …

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Extra! Extra! Read All About it!

Here’s a scary thought.  There’s an important new development in environmental law.  OK, that could be scary, especially if it involves the current Congress. But the really scary thought is this:  what if you don’t find out about it because you forgot to check Legal Planet that day? Fortunately, the remedy is at hand.  If …

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CEQ finalizes guidance for categorical exclusions

Cross-posted at CPRBlog. The White House Council on Environmental Quality has issued the first of three expected final guidance documents for federal agencies implementing the National Environmental Policy Act. This one, which covers the use of categorical exclusions, is an excellent start. NEPA is the “look before you leap” environmental law. It requires that federal …

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Anti-AB 32 Campaign Should Be Interesting

The ballot initiative to suspend the implementation of California’s landmark greenhouse gas legislation — which qualified for the ballot last week —  should garner huge amounts of attention and spur job growth at least in the world of ballot campaigns.  The California Public Policy Institute is predicting that proponents and opponents of the initiative (which …

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